LexInter | February 25, 2002 | 0 Comments

PENAL CODE (Legislative Part)

Personal injury
Section 1: Invasion of privacy
Article 226-1
Is punished by one year of imprisonment and a fine of 45,000 euros if, by means of any process whatsoever, intentionally violates the privacy of the private life of others:
1 ° By capturing, recording or transmitting, without the consent of their author, words spoken in a private or confidential capacity;
2 ° By fixing, recording or transmitting, without the latter’s consent, the image of a person in a private place.
When the acts mentioned in this article have been carried out in the sight and knowledge of the interested parties without their objecting to it, when they were in a position to do so, the consent of the latter is presumed.
Article 226-2
The same penalties shall apply to the fact of keeping, bringing or allowing to be known to the public or to a third party or to use in any way whatsoever any recording or document obtained using one of the acts provided for. by article 226-1.
When the offense provided for in the preceding paragraph is committed through the written or audiovisual press, the specific provisions of the laws governing these matters are applicable with regard to the determination of the persons responsible.
Article 226-3
The same penalties apply to the manufacture, import, possession, exhibition, offer, rental or sale, in the absence of ministerial authorization, the conditions of which are set by decree in Council of ‘State, devices designed to carry out the operations that may constitute the offense provided for by the second paragraph of article 226-15 or which, designed for the remote detection of conversations, allow the offense provided for by the article 226-1 and appearing on a list drawn up under conditions set by this same decree.
The same penalties also apply to advertising in favor of a device likely to enable the offenses provided for in article 226-1 and the second paragraph of article 226-15 to be carried out when this advertising constitutes an incitement. to commit this offense.
Article 226-4
The introduction or maintenance in the home of others with the help of maneuvers, threats, assault or coercion, except in cases where the law allows it, is punished by one year of imprisonment and 100,000 F fine.
Article 226-5
The attempt of the offenses provided for in this section is punishable by the same penalties.
Article 226-6
 In the cases provided for in Articles 226-1 and 226-2, public action may only be taken upon complaint by the victim, his legal representative or his dependents.
Article 226-7
Legal persons may be declared criminally responsible, under the conditions provided for in article 121-2, for the offenses defined in this section.
The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms set out in article 131-38;
2 ° The prohibition, permanently or for a period of five years at most, to exercise directly or indirectly the professional or social activity in the exercise or on the occasion of the exercise of which the offense was been committed;
3 ° The display or dissemination of the decision pronounced, under the conditions provided for by article 131-35.
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